DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Drawings
The drawings are objected to under 37 CFR 1.84(c) because Figure 12 has not been provided with a label.
The drawings are objected to under 37 CFR 1.84(h) and 37 CFR 1.84(u) because Figures 6 and 11 include multiple views under a single label, and therefore the views are not “clearly separated from one another”. Further, “[t]he different views must be numbered in consecutive Arabic numerals”.
The drawings are objected to under 37 CFR 1.84(q) for including lead lines which do not extend from a reference character to the feature indicated, failing to utilize lead lines, and/or failing to utilize arrows as set forth in 37 CFR 1.84(r) in Figure 1 (see, e.g. 102), Figure 2 (see, e.g., 102), Figure 3 (see, e.g., 102), Figure 4 (see, e.g., 106), Figure 5 (see, e.g. 106), Figure 6 (see, e.g., 134), Figure 9 (see 136a), Figure 10 (see 136b), Figure 11 (see 214), Figure 12 (see 214), and Figure 13 (see 214).
The drawings are objected to under 37 CFR 1.84 for including extraneous written matter in Figures 1 and 3-12. Written matter is reserved the specification, wherein the description of the drawings is used to describe the drawing views. See MPEP 608.01(F).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 3 is objected to for depending upon itself. For the purpose of this action, the Examiner has interpreted claim 3 as depending from claim 2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-9, 16, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 7 recites the limitation “the one or more baluster members are rigidly and vertically compressible” in lines 1-2. It is unclear from the claim how the one or more baluster members can be rigidly and vertically compressible, given the term “rigid” inherently does not provide for compressibility.
Claim 16 recites the limitation "the one or more stop sleeves" in line 2. One or more stop sleeve are not previously recited in the claim(s). There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the one or more stop sleeves" in line 6. One or more stop sleeve are not previously recited in the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation “one or more lower stop sleeves” in line 12. It is unclear from the claim whether the one or more lower stop sleeves are the same as, or different from, “the one or more stop sleeves” previously recited in line 6.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,300,180 (Graber).
Regarding claim 1, Graber discloses a vertical infill railing system assembly (2; see Figures 1-24), comprising:
an upper support handrail member (8), wherein the upper support handrail member receives and supports one or more vertical infill cables (24, 26, 28) and one or more baluster members (22; see Figure 1);
a lower support handrail member (10), wherein the lower support handrail member receives and supports the one or more vertical infill cables and the one or more baluster members (see Figure 1); and
one or more tensioning devices (54, 56, 58), wherein the one or more tensioning devices receive and tension the one or more vertical infill cables (see Figures 2 and 3, and column 7, line 58, through column 8, line 10).
Regarding claim 2, Graber discloses two or more posts (4, 6) securing the upper support handrail member (8) and lower support handrail member (10) at opposing upper and lower ends of the two or more posts (see Figure 1).
Regarding claim 3, Graber discloses the upper support handrail member (8) and lower (10) support handrail member are secured at opposing upper and lower ends of the two or more posts (4, 6) via two or more upper brackets (14) and two or more lower brackets (14; see Figure 1 and column 6, line 64, through column 7, line 4).
Regarding claim 4, Graber discloses the upper support handrail member (8) receives and supports an upper end of the one or more vertical infill cables (24, 26, 28) and an upper end of the one or more baluster members (22; see Figure 1).
Regarding claim 5, Graber discloses the upper support handrail member (8) receives and supports an upper end of the one or more vertical infill cables (24, 26, 28) via one or more upper stop sleeves (142; see Figure 4 and column 12, lines 3-23).
Regarding claim 6, Graber discloses the lower support handrail member (10) receives and supports a lower end of the one or more vertical infill cables (24, 26, 28) and a lower end of the one or more baluster members (22; see Figure 1).
Regarding claim 7, Graber discloses the one or more baluster members (22) are rigidly and vertically compressible to support the tensioning of the one or more vertical infill cables (24, 26, 28; see column 7, lines 22-40).
Regarding claim 8, Graber discloses the one or more baluster members (22) are installed in one or more respectively opposing slots (72, 112) on the upper support handrail member (8) and lower (10) support handrail member to support the tensioning of the one or more vertical infill cables (24, 26, 28; see Figures 3 and 4).
Regarding claim 9, Graber discloses supporting the tensioning of the one or more vertical infill cables (24, 26, 28) prevents bending of the upper support handrail member (8) and lower support handrail member (10; see column 7, lines 22-40).
Regarding claim 10, Graber discloses the one or more tensioning devices (54, 56, 58) are disposed within the lower support handrail member (10; see Figures 2-5).
Regarding claim 11, Graber discloses the one or more tensioning devices (54, 56, 58) tension the one or more vertical infill cables (24, 26, 28) via one or more lower stop sleeves (108) and one or more externally threaded tubes (76; see Figures 2-5 and column 7, line 58, through column 8, line 61).
Regarding claim 12, Graber discloses the externally threaded tube (76) provides a turnbuckle for tensioning the one or more vertical infill cables (24, 26, 28; see column 1, lines 57-60).
Regarding claim 13, Graber discloses the externally threaded tube (76) surrounds the one or more lower stop sleeves (108), which is attached to a lower end of the one or more vertical infill cables (24, 26, 28; see Figures 2-5).
Regarding claim 14, Graber discloses the externally threaded tube (76) is flat on two or more external sides (86, 88) to provide anti-rotation of the one or more tensioning devices (54, 56, 58; see column 8, lines 32-61).
Regarding claim 15, Graber discloses the one or more vertical infill cables (24, 26, 28) have at least one end fitting (see, e.g., 60) attached to the upper support handrail member and/or lower support handrail member (10) by welding, gluing, or mechanical attachment (see Figures 2-5 and 11).
Regarding claim 16, Graber discloses the one or more vertical infill cables (24, 26, 28) are bonded directly to the one or more stop sleeves (108, 142; see “swaged” in column 12, lines 36-39).
Regarding claim 18, Graber discloses the upper support handrail member (8) and lower support handrail member (10) include a rigid tubular and/or semi-tubular structural railing (see Figure 4 and column 7, lines 22-40).
Regarding claim 19, Graber discloses an angular bottom tensioner (214, 216, 218), wherein the angular bottom tensioner receives and tensions the one or more vertical infill cables (184, 186, 188) when the vertical infill railing system assembly is installed in an inclined environment (see embodiment of Figures 16-24).
Regarding claim 20, Graber discloses a vertical infill railing system assembly (2; see Figures 1-24), comprising:
an upper support handrail member (8), wherein the upper support handrail member receives and supports one or more vertical infill cables (24, 26, 28) and one or more baluster members (22; see Figure 1);
a lower support handrail member (10), wherein the lower support handrail member receives and supports the one or more vertical infill cables and the one or more baluster members (see Figure 1), wherein the one or more vertical infill cables are bonded directly to the one or more stop sleeves (108 - see Figures 2 and 3, and column 7, line 58, through column 8, line 61; 142 - see Figure 4 and column 12, lines 3-23);
two or more posts (4, 6) securing the upper support handrail member and lower support handrail member at opposing upper and lower ends of the two or more posts (see Figure 1), wherein the upper support handrail member and lower support handrail member are secured at opposing upper and lower ends of the two or more posts via two or more upper brackets (14) and two or more lower brackets (14; see Figure 1 and column 6, line 64, through column 7, line 4); and
one or more tensioning devices (54, 56, 58), wherein the one or more tensioning devices receive and tension the one or more vertical infill cables via one or more lower stop sleeves (108) and one or more externally threaded tubes (76) within the lower support handrail member (see Figures 2 and 3, and column 7, line 58, through column 8, line 61).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Graber in view of US 9,790,707 (Burt).
Graber discloses the vertical railing assembly of claim 1, but does not expressly disclose the one or more vertical infill cables (24, 26, 28) includes a solid rod, and instead teaches the one or more vertical infill cables being of the wound type (see, e.g., Figure 5).
Burt teaches it is a known design choice in the art of vertical infill railing system assemblies to choose between a wound, woven, or solid rod type as desired for one or more vertical infill cables (40) of a vertical infill railing system assembly (see column 4, lines 13-18). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vertical railing assembly of Graber such that the one or more vertical infill cables includes a solid rod, as Burt teaches it is a known design choice in the art of vertical infill railing system assemblies to choose between a wound, woven, or solid rod type as desired.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
January 30, 2026